COPARR, LTD. v. CITY OF BOULDER

No. 89-1341.

942 F.2d 724 (1991)

COPARR, LTD., a Colorado Non-Profit Corporation, and Victor A. Caranci, Plaintiffs-Appellants, v. The CITY OF BOULDER, Defendant-Appellee, and National Pest Control Association and National Institute of Municipal Law Officers, Colorado Municipal League, Conservation Law Foundation of New England, Inc., Sierra Club, the Boulder County Audubon Society, Plan-Boulder County, and Front Range Organic Gardeners, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

August 15, 1991.


Attorney(s) appearing for the Case

Joseph D. Lonardo (Robert N. Webner and Ann E. Bennington of Vorys, Sater, Seymour and Pease, Columbus, Ohio, and Eugene F. Megyesy, Jr. and David E. Bellack of Saunders, Snyder, Ross & Dickson, P.C., Denver, Colo., with him on the briefs), for plaintiffs-appellants.

Sue Ellen Harrison (Joseph N. de Raismes, III and Rosemary Lynne Gearhart, with her on the briefs), Boulder, Colo., for defendant-appellee.

Lawrence S. Ebner of McKenna, Conner & Cuneo, Washington, D.C., on the brief for amicus Nat. Pest Control Ass'n.

Marva Jones Brooks, Atlanta, Ga., William I. Thornton, Jr., Durham, N.C., Analeslie Muncy of Dallas, Texas, Robert J. Alfton, Minneapolis, Minn., and Frank B. Gummey, III, Daytona Beach, Fla., on the brief for amicus Nat. Institute of Municipal Law Officers.

Geoff Wilson, and James E. Hartley, Michael J. Kennedy and Britt D. Banks of Holland & Hart, Denver, Colo., on the brief for amicus Colorado Mun. League.

Janet McGowan, Boston, Mass., on the brief for amicus Conservation Law Foundation.

Mary A. Brauer, Denver, Colo., on the brief for amicus Sierra Club, Boulder County Audubon Soc., Plan-Boulder County, and Front Range Organic Gardeners.

Before HOLLOWAY, BARRETT and TACHA, Circuit Judges.


BARRETT, Senior Circuit Judge.

Colorado Pesticide Applicators for Responsible Regulation, a nonprofit trade association of commercial pesticide applicators, and Victor A. Caranci (collectively known as COPARR) appeal from a summary judgment order denying in part their request for declaratory and injunctive relief against the City of Boulder. COPARR, Ltd. v. City of Boulder, 735 F.Supp. 363 (D.Colo.1989). We affirm.

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